Evictions

Landlords
must follow very specific state (and sometimes local) rules and procedures before
they can evict a tenant. Notice requirements vary depending upon the reason for
eviction (such as nonpayment of rent, violation of the lease, or illegal
activity on the premises). How long the process lasts, and whether or not the
tenant is given a chance to correct a problem before the landlord files a legal
action with the court, depends upon several factors, including the reason for
the eviction.

A landlord cannot evict a tenant without following the local and state eviction law exactly. Otherwise, the eviction case will be thrown out of court, and the landlord will have to start the process again.

The first step to remove a tenant who has failed to pay the rent or otherwise violated a term of the lease or the law is to terminate the tenancy according to your state's procedure. These terminations are sometimes called "eviction notices," but they don't mean that an eviction will necessarily follow.

When tenants do not pay the rent on time, they sometimes have a few days to pay or move out before the landlord may file for eviction. An eviction lawsuit must be preceded by a termination notice, giving the tenant time to voluntarily leave and avoid a lawsuit.

Landlords must offer and maintain fit and habitable rental housing, in all states but Arkansas. When they fail to keep the property up to par despite being given notice and a reasonable amount of time to make repairs, tenants may move out without responsibility for future rent. In legalese, tenants in this situation have been "constructively evicted."

In California, if a tenant does not pay the rent before the end of the day it’s due, a landlord can immediately send a termination notice (unless the lease or rental agreement provides for a grace period), giving the tenant three days to pay rent or move out.

"<em>Complete, detailed, accurate, practical, easy-to-understand and superb.... Every residential landlord in all 50 states should be required to read this outstanding book and to keep it handy for reference.</em>"-<b>Los Angeles Times</b>